Abstracts of Current Decisions on Mines and Mining: May to August, 1917 Page: 42
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DECISIONS ON MINES AND MINING.
INJURIES ARISING OUT OF EMPLOYMENT.
Under the workmen's compensation act of Kansas a distinction
is made between the term "out of the employment" and "in the
course of the employment." An accident may occur in the course
of employment and still have no causal connection with it so that
it may be said the accident arose out of the employment. Under
this act the accident must occur because of some peculiar danger
incident to the particular employment and the statute limits its
provisions to the dangers of the employer's business at designated
places. Being run down by a car on an interurban railway track
while a miner was passing on an errand from one mine to another
some distance apart is not a special danger peculiar to the business
of mining or to the conduct of a mine employee so passing from
one mine to another. The same peril would confront a farm hand
or any employee in employment not included in the statute.
Brevard v. Skidmore-Patterson Coal Co. (Kansas), 165 Pacific 658.
INJURY OCCURRING IN OR ABOUT A MINE.
A coal-mining company operated two open-pit coal mines about
a quarter of a mile apart. Between the two mines and about 30
yards east of the west mine there is an interurban railway track.
A miner was ordered by his foreman to take a coal drill from the
east mine to the west mine and there procure a different tool. As
the miner was in the act of crossing the interurban tracks he was
struck by a car and sustained injuries from which he died. Under
the circumstances it can be said that the accident did not occur
"on, in, or about a mine" within the meaning of the workmen's
compensation act, in the absence of an allegation in the petition of
any joint system of operation extending over the two mines, or that
of any nexus between them, or description of the mines which would
indicate that mining operations and mining hazards overflowed
either of the pits in the direction of the railway tracks.
Brevard v. Skidmore-Patterson Coal Co. (Kansas), 165 Pacific 659.
INJURY "ON, IN, OR ABOUT" A MINE.
The workmen's compensation act of Kansas provides that it shall
apply only to employment "on, in, or about" a mine or quarry or a
natural gas plant or other places mentioned. In determining the
meaning of these words the act is held to be restrictive and that the
employment shall be inherently dangerous to life and limb and none
others were included. The hazards were the necessary and peculiar
hazards attending railroading, factory work, mining, and the like.
The act was extended not to the employment in the course of the
employer's business generally or wherever conducted, but is limited
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Thompson, Joseph Wesley. Abstracts of Current Decisions on Mines and Mining: May to August, 1917, report, December 1917; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc38745/m1/56/: accessed February 24, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.